It is the purpose of this Article to establish standards for the protection, enhancement, and preservation of historic resources consistent with the following objectives:

(A)

To effect and accomplish the protection, enhancement and perpetuation of buildings, structures, improvements, landscape features and archaeological resources that represent distinctive elements of the City's historical, cultural, archaeological, aesthetic and architectural heritage;

(B)

To safeguard the City's historical, cultural, archaeological and architectural heritage, while allowing the reasonable and productive use of such resources;

(C)

To foster civic pride through neighborhood conservation;

(D)

To protect and enhance the City's attraction to visitors and residents alike, thereby stimulating the economic base of the community;

(E)

To stabilize neighborhoods and improve property values;

(F)

To promote the use of individual sites and districts for the education, pleasure, and economic welfare of the citizens of Safety Harbor.

(A)

Unless specifically defined below, words or phrases in this Article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Article its most reasonable application:

(1)

Archaeological site: A location that has yielded or may yield information on history or prehistory. An archaeological site contains physical remains of the past. An archaeological site may be found within archaeological zones, historic sites or historic districts.

(2)

Board: The Architectural Review Board created by this Code as described in Section 249.00 and referred to in this Article as the "Board."

(3)

Building: A structure created to shelter any form of human activity. This may refer to a house, barn, garage, church, hotel, or similar structure. Buildings may refer to a historically or architecturally related complex, such as a house or jail, or a barn.

(4)

Certificate of approval: A certificate issued by the City indicating its approval of plans for the alteration, construction, removal, or demolition of a landmark or of a structure within a historic district.

(5)

City Commission: The governing body of the City of Safety Harbor.

(6)

Contributing structure: A structure in a historic district that contributes to the district's historical significance through location, design, setting, materials, workmanship, feeling and association, and other considerations, and which shall be afforded the same consideration as landmarks.

(7)

Demolition: The complete or constructive removal of a building or any substantial part thereof when same will not be relocated to a new site.

(8)

District: A geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects or areas which are united by past events or aesthetically by plan or physical development.

(9)

Economic hardship: A condition resulting from failure to issue a Certificate of Approval, inflicting excessive financial burden upon the owner and amounting to the taking of the owner's property without just compensation.

(10)

Historic property or historic resource: Any prehistoric or historic district, site, building, object, or other real or personal property of historical, architectural or archaeological value subject to the jurisdiction of the City of Safety Harbor.

(11)

Historic site: A single lot or portion of a lot containing an improvement, landscape feature, or archaeological site, or a historically related complex of improvements, landscape features or archaeological sites that may yield information on history or prehistory.

(12)

Landmark: A building, object, site or structure of the highest historical, cultural, architectural or archaeological importance and whose demolition or destruction would constitute an irreplaceable loss of the quality and character of the City of Safety Harbor. The property on which these are located shall be considered historic sites as defined by this Article.

(13)

Non-contributing structure: A building, object, site or structure that neither adds to nor detracts from a district's sense of time and place and historical development.

(14)

Object: A material thing of functional, aesthetic, cultural, historical, or scientific value that may be by nature or design, movable, yet related to a specific setting or environment.

(15)

Ordinary repairs or maintenance: Work done to prevent deterioration of a building or structure or decay of or damage to a building or structure or any part thereof by maintaining the building or structure as nearly as practicable to its condition prior to such deterioration, decay, or damage.

(16)

Owner of record: The individual listed on the current Pinellas County tax rolls or the current title holder of a specific property.

(17)

Petition for designation: A petition or application submitted to the Board requesting designation by City ordinance of a building, structure, site, district, or archaeological resource as historically or archaeologically significant.

(18)

Preservation: The identification, evaluation, recordation, documentation, analysis, recovery, interpretation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance or reconstruction of historic properties.

(19)

Reconstruction: The authentic reproduction of a building or site that once existed, but disappeared or was demolished.

(20)

Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural, and cultural values.

(21)

Relocation: The moving of a structure from its existing location to a new location.

(22)

Resource: Sites, buildings, structures, districts, objects, and areas, public or private, singly or in combination.

(23)

Restoration: The creation of an authentic reproduction utilizing the existing parts of an original object or building.

(24)

Site: The location of a significant event, activity, building, structure or archaeological resource.

(25)

Structure: A work constructed by man made up of interdependent and interrelated parts in a definite pattern of organization. It may be an engineering project large in scale, such as a bridge, wall, gate, or building, or small in scale, such as monuments or fountains.

(A)

The Board shall have the authority to recommend to the City Commission the designation of areas, places, buildings, structures, landscape features, landmarks, archaeological sites, and other improvements or physical features as individual sites or districts, in accordance with the following criteria:

(1)

Sites or districts which are significant to the City of Safety Harbor's history, architecture, archaeology, or culture and possess an integrity of location, design, setting, materials, workmanship or association;

(2)

Sites or districts which are associated with distinctive elements of the social, political, economic, scientific, religious, prehistoric, and architectural history of the City of Safety Harbor, the state, or the nation;

(3)

Sites or districts which are associated with the lives of persons significant in the city's, state's or nation's past;

(4)

Sites or districts which embody the distinctive characteristics of a type, period, style, or method of construction or work of a master; or that possess high artistic value; or that represent a distinguishable entity whose components may lack individual distinction;

(5)

Sites or districts which have yielded or are likely to yield information about the prehistory or history of the City of Safety Harbor; or

(6)

Sites or districts which are listed in the National Register of Historic Places.

(B)

The following procedure shall apply for the petitioning for designation of structures, landmarks, districts or sites pursuant to this Article:

(1)

A petition for designation shall be made to the City of Safety Harbor on a form prepared by the City Planning and Zoning Department.

(2)

A petition may be submitted by a member of the Board, the owner of record of the nominated property or structure, the City Commission or the City Manager.

(3)

The Board shall hold a public hearing on the petition and shall notify the property owner by first class mail at least seven (7) days in advance of the hearing. Notice of the public hearing shall also be published in a newspaper of general circulation at least seven (7) days in advance of the hearing.

(C)

The petition for designation shall contain the following minimum information:

(1)

A written description of the historical, cultural, architectural, and archaeological significance of the property or properties recommended for designation, including the dates of construction and names of former owners if available;

(2)

An identification of all structures within a proposed district, classifying them as contributing or non-contributing, with an explanation of the criteria used in developing the classification;

(3)

A legal description of the boundaries of the site, structure or district recommended for designation; an explanation of the reasons for those boundaries; and a map illustrating the boundaries;

(4)

Photographic documentation of individual sites and structures recommended for designation;

(5)

The names and addresses of all property owners of record affected by the application.

(D)

The Board shall hold a public hearing upon every Petition for Designation submitted to the City. At such public hearing, any person may present testimony or documentary evidence concerning the significance of the property under consideration. At the close of the public hearing the Board shall vote on the proposed designation for recommendation to the City Commission.

(E)

The Board action shall be reported to the City Commission. Such report shall not require a public hearing before the City Commission.

(F)

After hearing a report from the Board, the City Commission may direct the preparation of an ordinance providing for the recommended designation. Alternatively, the City Commission may act to deny the proposed designation without further hearing.

(G)

The City Commission shall follow normal procedures of public hearing in the adoption of an ordinance providing for such historic designation. In addition, the owner or owners of property proposed for designation shall also be given written notification by first class mail a minimum of seven (7) days before the scheduled public hearing. Notice of the public hearing shall also be published in a newspaper of general circulation at least seven (7) days in advance of the meeting.

(H)

After the final adoption of a designation ordinance by the City Commission, structures, sites and districts shall remain designated as historically or archaeologically significant unless such designation is removed by subsequent ordinance of the City. A positive finding by the City Commission in accordance with the criteria of Section 128.02 of this Article is required to remove a historic designation. The public notice requirements of Subsection (G) above shall also be followed in the removal of such designation.

(A)

A Certificate of Approval from the City shall be required before the following actions affecting a designated site or any property in a designated historic district may be undertaken:

(1)

Any construction, reconstruction, development, redevelopment, alteration, restoration or rehabilitation which requires a Building Permit from the City and affects the exterior appearance of the structure involved.

(2)

The construction of any new structures in a designated historic district.

(3)

The relocation of any historic structures or any contributing structure located in any designated historic district.

(4)

The demolition of any historic site, landmark or any contributing structure located in a designated historic district or the removal of any significant historical feature.

(5)

Any construction which may potentially affect the integrity of a designated archeological site.

(B)

Nothing contained in this Section shall be construed as negating the requirement to obtain site plan approval in accordance with the requirements of Sections 229.00 through 229.05 of this Code, and any other requirement of this Code.

(C)

Nothing contained in this Section shall be construed to prevent the ordinary maintenance, repair or interior remodeling of any historic structure that does not involve a significant change in material, design or exterior appearance.

(D)

Nothing contained in this Section shall be construed as to restrict exterior painting, signage or the erection of awnings.

(E)

Nothing contained in this Section shall be construed as to prevent the demolition of a noncontributing structure in a historic district.

(F)

Nothing contained in this Section shall prevent the alteration, construction, reconstruction, repair, or demolition of a designated structure on an emergency basis when the Building Official certifies in writing that such work is necessary for the purpose of correcting conditions determined to be dangerous to life, health or property.

(G)

The Certificate of Approval shall be in addition to any other permits and procedure required by this Code or by law.

(H)

The application shall be made on a form provided by the Planning and Zoning Department and shall be accompanied by such plans, drawings, materials, or photographs as deemed necessary to describe the proposed alteration and enable the Board to visualize the effect of the proposed alteration on the property and adjacent buildings and streetscapes. If such application involves a designated archaeological site the applicant shall provide full plans and specifications to work that may affect the surface and subsurface of the archaeological site.

(I)

Notice for public hearing shall constitute written legal notice, and legal notice publication in accordance with the requirements of Article XIII of this Code.

(A)

Upon final notification that a Certificate of Approval has been denied, the applicant shall have thirty (30) days to apply for an Economic Hardship Exception on the basis that the denial will result in the loss of all beneficial or economic use of the property.

(B)

Application for a Economic Hardship Exception shall be made on a form provided by the Planning and Zoning Department. The City shall schedule a public hearing concerning the application and provide written legal notice and legal notice publication in the same manner as required by Article XIII of this Code.

(C)

The City may solicit expert testimony or require that the applicant for an Economic Hardship Exception make submissions concerning any or all of the following information:

(1)

Estimate the cost of the proposed construction, alteration, demolition, or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the Board for the changes necessary to obtain a Certificate of Approval;

(2)

A report from a licensed engineer, architect or contractor with experience in rehabilitation as to the soundness of any structures on the property and their suitability for rehabilitation;

(3)

Estimated market value of the property in its current condition; after completion of the proposed construction alteration, demolition, or removal; after any requirements to obtain a Certificate of Approval; and, in the case of a proposed demolition, after renovation of the existing property for continued use;

(4)

In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property;

(5)

Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;

(6)

If the property is income-producing, the annual income for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period.

(7)

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any for the previous two years;

(8)

All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property;

(9)

Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years;

(10)

Assessed value of the property according to the two most recent assessments;

(11)

Real estate taxes for the previous two years;

(12)

Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other;

(13)

Any other information, including the income tax bracket of the owner, applicant, or principal investors in the property considered necessary by the Board to a determination as to whether the property does yield or may yield a reasonable return to the owners.

(D)

The Board shall review all the evidence and information required of an applicant for an Economic Hardship Exception and make a recommendation to the City Commission whether the denial of a Certificate of Approval has deprived, or will deprive, the owner of the property a reasonable use of, or economic return on the property.

(E)

The City Commission shall review the application and recommendation of the Board, and shall approve, approve with conditions or deny each application for Economic Hardship Exception. Written notice of the decision shall be provided.

(A)

Any person or persons, firm or corporation, or any officer, department, board, or bureau of a governing body aggrieved by any decision of the City Commission, may seek judicial review by a petition for certiorari as provided by law.

(A)

The owner of a landmark, a historic site or a property in a historic district shall keep in good repair the following:

(1)

All of the exterior portions of such buildings or structures.

(2)

All interior portions thereof which, if not so maintained, may cause such buildings or structures to deteriorate or to become damaged or otherwise to fall into a state of disrepair.

(3)

The archaeological integrity of the site, if the property is designated as a historic site by virtue of its archaeological significance.

(B)

Violations of this section will be referred to the Building Official for enforcement proceedings in accordance with the terms established for the Code Enforcement Board by the Code of Ordinances for the City of Safety Harbor.

(C)

The provisions of this Section shall be in addition to the provisions of the Building Code requiring such buildings and structures to be kept in good repair.

(A)

The City Commission may call a meeting to review a threat to a property which has not yet been designated by the City but which may be eligible for designation.

(B)

The City Commission may initiate the adoption of an ordinance to stop all work being done to the property for a maximum period of six (6) months in order to provide time for the City to negotiate with the property owner to remove the threat to the property. Such ordinance shall be based upon the following criteria:

(1)

The historical, architectural, cultural, or archaeological significance of the site.

(2)

The importance of the site to neighborhood conservation and stabilization.

(3)

The importance of the site relative to the education, pleasure, and economic welfare of the citizens of Safety Harbor.

(4)

Whether the site is one of the last remaining examples of its kind in the neighborhood or in the city.

(5)

Whether reasonable measures can be taken to preserve the significant features of the site.

(6)

Whether preservation of the significant features of the site allow reasonable and productive use of the property.

(7)

Whether the site is associated with a significant event, period, or person in the City's history.

(C)

During the six-month period the City Commission may direct the Planning and Zoning Department to initiate steps to designate the property in accordance with the terms of this Article.

(A)

This Code shall establish an appropriate system of processing fees for the review of applications for designation, Certificates of Approval, and request for an Economic Hardship Exception.

(B)

Violations of the terms of this Article shall be processed in accordance with the requirements established by this Code, the Code of Ordinances for the City of Safety Harbor, or any other applicable legal means.

(C)

The violation of any conditions attached to any approval granted by the Board or any violation of any type of approval under this Article shall be considered a violation of this Code.

(A)

Structures listed in the National Register of Historic Places, historical sites/landmarks or contributing structures located in a historic district designated as such under the provisions of this Article, and structures listed on the Florida Master Site File Inventory shall be entitled to the following incentives for preservation:

(1)

Such structures shall be exempt from the nonconforming provisions as provided by this Code;

(2)

Such structures shall be entitled to parking credits as provided by this Code;

(3)

Such structures shall be entitled to qualify for the exemption accorded special historic buildings under the appropriate sections of the City's Building Code as administered by the Building Official.